HBA-SEP H.B. 267 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 267
By: Gallego
Criminal Jurisprudence
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

District courts are required to appoint counsel to indigent defendants
charged with capital offenses. Because capital trials are demanding and may
result in a defendant receiving the death penalty, it is necessary to
ensure that qualified attorneys are appointed to defend indigent defendants
in these circumstances.  House Bill 267 requires the convicting court, if
an applicant for a writ of habeas corpus asserts that the appointed counsel
was incompetent, to include in its finding of facts and conclusions of law
whether the appointed counsel was a qualified attorney at the time
appointed and provided competent representation that met the minimum
standards set by the local selection committee.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 267 amends the Code of Criminal Procedure to provide that if an
applicant asserts as a claim in the application for a writ of habeas corpus
that the applicant at trial was represented by appointed counsel and that
the appointed counsel was incompetent, the convicting court is required  to
state in the findings of facts and conclusions of law whether the counsel
appointed was a qualified attorney at the time appointed and provided
competent representation that met the minimum standards set by the local
selection committee. 

EFFECTIVE DATE

September 1, 2001.